Académique Documents
Professionnel Documents
Culture Documents
THEODORE O. TE2
Intended for Exclusive Use of the University of the Philippines College of Law Bar Examination Candidates
for 2007, the Law Interns of U.P. Office of Legal Aid (UP-OLA), and the students in the authors classes.
Any other use, without permission of the author, is prohibited and all legal rights are reserved.
These forms were first published in 1998 for use in the UP Law Bar Ops for that year.
Assistant Professor and Director, University of the Philippines Office of Legal Aid; Ll.B., U.P. (1990); Grateful
acknowledgement is given to Feliz Marie M. Guerrero, Ll.B. U.P. (2008, expected) for invaluable assistance in reformatting, proofreading and updating of legal references.
2
TABLE OF CONTENTS
Table of Contents
On Writing, Legally
I.
COMMON FORMS
A. Caption and Title
B. Prayer
C. Jurat
D. Verification
E. Certification against Forum Shopping
F. Combined Verification and Certification against Forum Shopping
G. Combined Verification, Certification against Forum Shopping, and Statement
of Material Dates
H. Request for and Notice of Hearing
I. Proof of Personal Service
J. Proof of service by registered mail (with Explanation for failure to serve
personally)
K. Place, date, signature, address, Roll number, IBP receipt number, PTR
number
L. Acknowledgement
M. Notice of Appeal
II.
ii
v
1
1
1
2
2
2
3
3
3
4
4
5
5
6
7
8
9
10
12
13
15
16
17
18
19
20
21
22
23
b. Prohibition
c. Mandamus
2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief
a. Complaint in Interpleader
b. Action to Quiet (or Remove Cloud on) Title
c. Action for Declaratory Relief
d. Quo Warranto
III.
IV.
V.
24
25
26
27
28
29
30
31
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
48
49
49
50
51
52
Orders
D. Petition for Probate of Holographic Will
VI.
VII.
iv
54
55
55
56
57
57
58
58
59
60
61
61
61
62
63
64
65
66
67
68
69
70
70
70
70
70
70
71
71
ON WRITING, LEGALLY
Therefore, its name was called Babel, because
there the Lord confused the language of all the
earth. Genesis, 11:9, ESV
If brevity is the soul of wit, what now is to become of lawyers (and law students) who
would nonchalantly write a 100-page document and dare call it a Brief?
The traditional notion of legal writing is that it is a competition to put together as many
four to five-syllable words in a one-paragraph sentence. The language of the law mystifies and
with this comes the power of the lawyer. The more obscure and obtuse the language, the greater
the need for a lawyer.
History has given us many language handicaps and obstacles to clarity and precision.
Throughout four years of law school, the law student, who eventually becomes a lawyer, is
trained to think in archaic words and phraseslegalesewhich appear to have legal significance
but is actually too imprecise to help anyone understand what is going on. And to add to the
babelish situation, there are hundreds of words in a dead languageLatinthat have little
relevance to the contemporary world.
There is a sea change, however, going on in legal writing. More and more, pleaders are
asked to be clear and concise, precise not pedantic. Why waste five words when three will do?3
But change, as always, is difficult and painful. Yet, it is an essential response to todays evolving
legal profession. Indeed, when the most common means now of communicating is text, with its
own subculture and lingo, there must be a re-examination of the archaic manner by which legal
writing presents itself.
What this short introduction to the accompanying handbook of Pleadings, Petitions,
Motions and Other Legal and Judicial Forms seeks to do is to put forth the need to write clearly
and concisely, precisely but not pedantically.
When a judges attention span is short and his backlog of reading is long, the need to
write concisely, clearly, precisely but not pedantically becomes absolutely clear.
Writing concisely and not pedantically, however, does not mean that the legal writer
ought to cut corners when it comes to substance as well as form; the only thing that that
guarantees is a baleful stare and a rude dismissal from the judge. Not only must the writer know
the arguments and the bases for his arguments, but she must also realize that these arguments
need to be presented in a manner that is technically sufficient.
My favorite, and many of my students will attest to this, is the absolutely archaic Comes Now, the Plaintiff, by the
undersigned counsel, unto this Honorable Court, respectfully states that as part of every pleading. Why waste 15
words, when 6 will do, thus: Plaintiff, by counsel, respectfully states that. The latter loses none of the legal
gravitas but loses every bit of the archaic pretense that mystifies the law and perpetuates the notion that laywers
know what they are doing each and every time.
It is hoped that the forms presented here, with checklists4 of legal requirements and short
annotations, will provide the impetus for demystifying legal writing and legal drafting. These
forms come from actual forms used in the authors practice, some from worthy opponents and
still some from traditional form books, with updates to fit the current state of the Rules.
While this handbook was produced, primarily, with the bar examinees and the law intern
or law student in mind, it is hoped that it might prove helpful as well when September ends5 and
life, as a lawyer, begins in earnest.
Theodore O. Te
Room 105, Malcolm Hall
University of the Philippines
August 2007
Acknowledgment is given to Atty. Alex M. Enriquez, (Ll.B., UP, 1990) for the original template of the
Checklists, which have been updated to suit current practice.
5
Vide Green Day, Wake Me Up When September Ends, which has become an unofficial anthem for bar
examinees in the Philippines.
vi
I.
COMMON FORMS
A. Caption and Title
Feliz Guerrero 8/12/07 2:11 PM
____________________,
Plaintiff,
-versus-
______________________,
Defendant.
x------------------x
B. Prayer
PRAYER
WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be ordered to
pay the plaintiff the amount of One Million Pesos (Php.1,000,000) for actual and compensatory damages,
Fifty Thousand Pesos (Php.50,000) for moral damages, Fifty Thousand Pesos (Php.50,000) for exemplary
damages, and Fifty Thousand Pesos (Php.50,000) for attorneys fees.
Other just and equitable reliefs are also prayed for.
C. Jurat
Feliz Guerrero 8/12/07 2:11 PM
D. Verification
Feliz Guerrero 8/12/07 2:11 PM
VERIFICATION
Republic of the Philippines
City of _______________
)
) s.s.
C.K. Hilfiger, after having been duly sworn in accordance with law, deposes and states that:
1. He is the plaintiff in the pleading/document entitled (pleading/document being verified)
2. He has caused its preparation
3. He has read it and the allegations therein are true and correct of his own knowledge or
based on authentic records.
(Sgd.) C.K. HILFIGER
PLUS: Jurat
NOTE: Pleadings required to be verified
1. All pleadings under the Rules of Summary Procedure
2. Complaints for
a. Forcible entry
b. Unlawful detainer
c. Replevin
3. Complaints with application for injunction or attachment
4. Answer to complaint or counterclaim based on actionable documents
5. Petitions for
a. Certiorari
b. Prohibition
c. Mandamus
d. Habeas Corpus
e. Change of Name
E. Certification against Forum Shopping
Feliz Guerrero 8/12/07 2:12 PM
)
) s.s.
C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states that:
1. He is the plaintiff in the case entitled (title of the case);
2. He certifies that he has not commenced any action or filed any claim involving the same
issues before any other court, tribunal or quasi-judicial agency;
3. To the best of his knowledge, there is no such pending action or claim;
4. If he should learn that a similar action or claim has been filed or is pending he shall report
such fact within five (5) days from the discovery to this Honorable Court.
(Sgd.) C.K. HILFIGER
PLUS: Jurat
F. Combined Verification and Certification against Forum Shopping
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan
Company and in such capacity, caused this Complaint to be prepared; I have read its contents and affirm
that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no
other case commenced or pending before any court involving the same parties and the same issue and
that, should I learn of such a case, I shall notify the court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on _____________.
(Sgd.) C.K. HILFIGER
PLUS: Jurat
J.
The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty.
Mitch McDeere by registered mail instead of personal service as counsel for petitioner only has one
messenger and personal service would have resulted in the motion not being filed on time to the
detriment of petitioner.
(Sgd.) ATTICUS FINCH
Republic of the Philippines
City of _______________
)
) s.s.
AFFIDAVIT
I, HARPER LEE, a messenger of Atty. Atticus Finch, with office address at __________________,
after being duly sworn, deposes and states:
That on ______________________, I served a copy of the following pleadings/papers by
registered mail in accordance with Section 10, Rule 13 of the Rules of Court:
Nature of Pleading/Paper
________________________
________________________
in Case No. _________________ entitled ____________________ by depositing a copy in the post office
in a sealed envelope, plainly addressed to (name of party or his/her attorney) at _______________ with
postage fully paid, as evidenced by Registry Receipt No. _____________________ attached and with
instructions to the post master to return the mail to sender after ten (10) days if undelivered.
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13 April 2007, in the City of
Manila, Philippines.
(Sgd.) HARPER LEE
Affiant
PLUS: Jurat
K. Place, date, signature, address, Roll number, IBP receipt number, PTR number
City of Manila, 13 April 2007.
Atty. Mitch McDeere
Counsel for the Defendant
2 The Firm, Laguna Street,
Quezon City, Metro Manila
Roll No.
IBP OR No., date and place of issue
PTR OR No., date and place of issue
Feliz Guerrero 8/12/07 2:13 PM
Comment [11]: As per SC En Banc
Resolution on Bar Matter No. 1132 dated
Nov. 12, 2002, all pleadings must indicate
the ff:
1. Roll of Attorneys number of counsel
2. Current Professional Tax Receipt
number (PTR No.)
3. IBP Official Receipt or Life Member
number
L. Acknowledgment
Feliz Guerrero 8/12/07 2:13 PM
)
) s.s.
BEFORE ME, this 13th day of April, 2007 in the City of Manila, Philippines, personally appeared
ATTICUS FINCH, with [Valid Identification Document] (Drivers License No. N25-07-007777) issued by the
[official agency] (Land Transportation Office) on 10 January 2007, known to me to be the same person
who executed the foregoing instrument, and who acknowledged to me that the same is his free act and
deed.
IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year and
place written.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007
NOTE: If the instrument consists of 2 or more pages, include the following after the 1st paragraph:
This instrument, consisting of ___ pages, including the page on which this acknowledgment is
written, has been signed on the left margin of each and every page thereof by ___________ and his
witnesses (if any), and sealed with my Notarial seal.
Feliz Guerrero 8/12/07 2:13 PM
NOTE: If the instrument conveys 2 or more parcels of land, include the following after the 1st paragraph:
This instrument relates to the sale (or mortgage) of ___ parcels of land, and consists of ___
pages including the page on which this acknowledgment is written, each and every page of which, on the
left margin, having been signed by ______________ and his witnesses (if any), and sealed with my
Notarial seal.
M. Notice of Appeal
NOTICE OF APPEAL
Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the
lower court dated 13 April 2007, a copy of which he received on 26 April 2007.
Quezon City, 2 May 2007.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
2 The Firm
Laguna Street, Quezon City
II.
Defendant.
x ----------------------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[2] 1. Plaintiff is a foreign corporation organized and existing under the laws of France with
business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age,
single and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served
with summons and other pertinent processes.
[3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City
which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1
January 2005, which contract expires on 31 December 2006. A copy of the contract is attached as ANNEX
A.
3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the
lease as it would use the property for its business expansion; plaintiff then asked defendant to vacate the
premises. A copy of plaintiffs letter to defendant is attached as ANNEX B.
[4] 4. Despite demand duly made and received, defendant has refused to vacate the premises
and continues to occupy the property without plaintiffs consent. Resort to the Barangay conciliation
system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification
to File Action is attached as ANNEX C.
Feliz Guerrero 8/12/07 2:14 PM
5. Defendants act of dispossession has caused plaintiff to suffer material injury because
plaintiffs business expansion plans could not be implemented despite the arrival of machineries
specifically leased for this purpose at the rental rate of US$500 per month. Defendants continued
occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty
Thousand Pesos (P50,000.00).
[5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to
vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the
amount of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand
Pesos (P50,000.00) for Attorneys fees.
Other just and equitable reliefs are also prayed for.
[6] Quezon City; 13 April 2007.
Feliz Guerrero 8/12/07 2:14 PM
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[2] 1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Makati City;
defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati City, where he may be
served with summons and other processes.
[3] 2. Sometime in January 2005 and over a period of six (6) months, defendant borrowed
certain amounts from plaintiff. Defendant promised to pay these amounts on an installment basis
monthly. These amounts now total Nine Hundred Thousand Pesos (P900,000.00).
[4] 3. Despite repeated demands, both oral and written, defendant failed or has refused to pay
any amount to plaintiff as no installment payment has even been made. A copy each of plaintiffs two (2)
demand letters is attached as ANNEX A and B.
4. Resort to the Barangay Conciliation process proved fruitless as defendant failed to appear,
despite notice on him to appear. Thus, a Certification to File Action, a copy of which is attached as
ANNEX C, was issued by the Barangay Chairman.
5. Defendants obligation is due and demandable and plaintiff is entitled to the payment of the
entire amount of Nine Hundred Thousand Pesos (P900,000.00) plus legal interest.
6. By reason of defendants unreasonable failure or refusal to pay his due and demandable
obligation, plaintiff was forced to engage the services of counsel to vindicate his rights thereby
committing himself to pay legal expenses amounting to Fifty Thousand Pesos (P50,000.00).
[5] WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision
directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00), with legal interest, as
ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as Attorneys Fees.
Feliz Guerrero 8/12/07 2:15 PM
- versus -
YOKO NGA,
Defendant.
x ----------------------------------- x
ANSWER
(With COUNTERCLAIM)
DEFENDANT, by counsel, respectfully states that:
Admissions/Denials
[2] 1. He admits the contents of paragraph 1 only insofar as his personal circumstances but
specifically denies the contents insofar as plaintiffs personal circumstances for the reason stated in the
Affirmative Defenses below.
2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was
entered into but specifically denies that the Contract reflects the true intent of the parties as explained in
the Affirmative Defenses below.
3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made
but specifically denies its contents as to the truth of the reasons for the letter for lack of knowledge
sufficient to form a reasonable belief as to its truth or falseness..
4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the
Affirmative Defenses below.
Affirmative Defenses
[4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as
they are material and additionally submit that the Complaint should be dismissed because:
5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business
in the Philippines without a license.
5.2. The Complaint fails to state a cause of action as the Contract of Lease
(ANNEX A) was, before its expiration, superceded by a Deed of Absolute Sale whereby
plaintiff sold to defendant the parcel of land in question, a copy of which is attached as
ANNEX 1.
Counterclaim
[5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as
they are material and additionally submit that he is entitled to relief arising from the filing of this
malicious and baseless suit, as follows:
6.1.
Moral Damages amounting to One Million Pesos (PHP1,000,000/00)
because his name and reputation were besmirched by this malicious and baseless suit.
6.2. Attorneys Fees amounting to One Hundred Thousand Pesos (P100,000.00)
because he was compelled to secure services of counsel to vindicate his legal rights.
[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by
dismissing the Complaint and granting defendants counterclaim by awarding defendant: (a) One Million
Pesos as Moral Damages, and (b) Fifty Thousand as Attorneys Fees.
Other just and equitable reliefs are prayed for.
10
I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by Alis Diyan Company for ejectment; in response, I have caused the preparation of this Answer with
Counterclaim; I have read its contents and affirm that they are true and correct to the best of my own
personal knowledge; I specifically deny the genuineness and due execution as well as the
binding effect of the actionable documents pleaded by plaintiiff; I hereby certify that there is no
other case commenced or pending before any court involving the same parties and the same issue and
that, should I learn of such a case, I shall notify the court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on 13 April 2007.
(Sgd.) YOKO NGA
PLUS:
1. Jurat (IF any document is denied)
2. [11] Proof of Service (personal service or service by registered mail)
11
12
C. Pre-trial Brief
Feliz Guerrero 8/12/07 2:15 PM
LAKISA HIRAP,
Defendant.
x ------------------------------------- x
PRE-TRIAL BRIEF
Feliz Guerrero 8/12/07 2:15 PM
2.3.
Defendant also interposed a compulsory counterclaim for Two Million Pesos
(PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages
and One Hundred Thousand Pesos (PHP100,000.00) as attorneys fees.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
[3] 3.1.
Defendant admits only those facts stated in her Answer, i.e., her personal
circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the demand letter.
3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pretrial or even thereafter, defendant admits no other facts stated in the Complaint.
IV. ISSUES TO BE TRIED
[4] 4.1.
Defendant submits that the following issues put forward by plaintiff are subject to
proof:
4.1.1. Plaintiffs personality to seek legal relief;
4.1.2. Plaintiffs entitlement to the amount claimed;
4.2. Defendant submits that the following issues she put forward are subject to proof:
4.2.1. Plaintiffs bad faith in filing this suit;
13
4.2.2.
Defendants entitlement to the claims made in her Compulsory
Counterclaim as a result of plaintiffs bad faith;
V. EVIDENCE
[6] 5.1. Defendant intends to present the following witnesses:
5.1.1. Defendant herself, who will testify on the true circumstances leading to
the filing of this suit against her;
5.1.2. An employee of Topless Enterprises with personal knowledge as to the
true circumstances behind the alleged obligations due and owing in favor of plaintiff.
[5] 5.2. Defendant reserves the right to present any and all documentary evidence which shall
become relevant to rebut plaintiffs claims in the course of trial as well as any other witnesses whose
testimony will become relevant to belie plaintiffs witnesses, if necessary.
VI. RESORT TO DISCOVERY
[7] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of
discovery at this time.
6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff,
defendant reserves the right to resort to discovery before trial.
RESPECTFULLY SUBMITTED.
Quezon City; 13 April 2007.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
[Address]
Copy furnished:
Atty. MA BOLA
Counsel for Plaintiff
14
D. Motions
1. Motion to dismiss (with request for and notice of hearing)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 39, Quezon City
LAKI ASSET COMPANY,
Plaintiff,
Civil Case No. 3333
For: Sum of Money
- versus -
Please submit the foregoing Motion to the Court for its consideration and approval immediately
upon receipt hereof and kindly include the same in the courts calendar for hearing on Friday, 27 April
2007 at 8:30 in the morning.
ATTICUS FINCH
1 MockingBird Street
Timog Avenue, Quezon City
Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the
morning.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
2 The Firm
Laguna Street, Quezon City
PLUS: [5] Proof of Service
Feliz Guerrero 8/12/07 2:16 PM
Comment [36]: Rule 15, section 6 in
relation to Rule 13, section 13
15
2. Motion for leave of court to file pleading (with explanation for service by
registered mail)
Feliz Guerrero 8/12/07 3:06 PM
DAMI LUPA,
Respondent.
x ------------------------- x
[2] 2. Under existing rules, a Reply can no longer be filed as a matter of course. Consequently,
petitioner seeks leave of this Court to file the said Reply, a copy of which, pursuant to the 1997 Rules on
Civil Procedure, is attached to this motion.
[3] WHEREFORE, petitioner respectfully prays that he be granted leave of court to file a Reply
and for the Court to admit the attached Reply.
Quezon City for Manila; 5 January 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Explanation for service by registered mail
Feliz Guerrero 8/12/07 2:16 PM
Comment [40]: The requirement is for a
written explanation if service is done by
registered mail instead of by personal
service; the explanation need not be
verified, it being required only that it is
signed. However, in the Supreme Court,
where an Affidavit of Service is required, it
may be practical to combine the
Explanation and the Affidavit of Service.
Cf. Rule 13, sections 11 and 13.
16
- versus -
LAKISA HIRAP,
Defendant.
x ------------------------- x
MOTION FOR JUDGMENT ON THE PLEADINGS
Plaintiiff, by counsel, respectfully states that:
1. On 6 July 2005, plaintiff sued defendant for a sum of money in the amount of Nine Hundred
Thousand Pesos (P900,000.00).
[1 & 2] 2. In his Answer, defendant admitted the obligation and merely stated that he was
asking to be given an extension of time to pay his obligation but that plaintiff instead filed this Complaint.
The Answer admits the material allegations of the Complaint and has not tendered any issue;
consequently, a judgment on the pleadings may be rendered.
[3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his
favor.
Quezon City; 13 April 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Plaintiff
[Address]
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Proof of Service
17
18
PASEN SYOSO,
Defendant.
x ------------------------- x
MOTION FOR POSTPONEMENT
PLAINTIFF, by counsel, respectfully states that:
1. This case is set for trial on 5 May 2007 at 8:30 in the morning.
[1] 2. On said date and time, the undersigned counsel will be unable to appear before this
Honorable Court as he has also been directed to appear on this date and time before the Regional Trial
Court of Makati City, Branch 139 for People of the Philippines v. Bil Moko, Criminal Case No. 009988,
where he is scheduled to terminate cross-examination of the prosecutions expert witness who will be
available only on said date and time.
[2] 3. Without impugning the importance of these proceedings, plaintiff respectfully submits
that his attendance in the Makati case becomes indispensable; otherwise, the accused in said case would
be deprived of the opportunity to confront and cross-examine a vital witness against her.
4. This motion is prompted only by the foregoing reason and not for delay.
[3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 May 2007 be
POSTPONED to another date convenient to this Honorable Court.
Quezon City; 13 April 2007.
(Sgd.) MITCH MCDEERE
Counsel for the Plaintiff
[Address]
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Proof of Service
19
DILA TORY,
Plaintiff,
Civil Case No. 008877
- versus PASEN SYOSO,
Defendant.
x ------------------------------------ x
MOTION FOR EXTENSION OF TIME
PLAINTIFF, by counsel, respectfully states that:
1. He has been directed to file a Reply to defendants Answer by 10 May 2007.
[1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on or
before the said due date because of the tremendous pressure of other equally urgent professional work
requiring the preparation of pleadings and almost daily trial appearances before the various courts within
and outside Metro Manila. For this reason, the undersigned is constrained to ask for an additional fifteen
(15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiffs Reply.
3. This motion is not intended for delay but is motivated only by the foregoing reason.
[3] WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days
from 10 May 2007, or until 25 May 2007, within which to submit plaintiffs Reply.
20
21
PADME AMIDALA,
Defendant.
x ---------------------------------- x
MOTION TO LIFT ORDER OF DEFAULT
DEFENDANT, by counsel, respectfully states that:
1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion to Dismiss
on the ground that plaintiffs claim is outside the jurisdictional amount of this Honorable Court under the
new Expanded Jurisdiction Act and that the Complaint should properly be filed and tried before the
Metropolitan Trial Court. The Motion to Dismiss, which was received by plaintiffs counsel on 25 March
2007, was set for hearing on 10 April 2007, as indicated on the Request for and Notice of Hearing.
2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court declared
defendant in default on 7 April 2007 based solely on plaintiffs Motion, filed two (2) days after the
supposed lapse of the reglementary period, which, however, was tolled by the filing of a Motion to
Dismiss.
Feliz Guerrero 8/12/07 2:31 PM
[1 & 2] 3. Under the circumstances, the order of default is premature and without legal and
factual basis as: (a) defendant has not failed to file an Answer within the reglementary period, (b) the
reglementary period has not lapsed because of the filing of the Motion to Dismiss within the period, and
(c) the pendency of the Motion to Dismiss is prejudicial to the issue of defendants default. Consequently,
the order of default should be lifted.
[3] WHEREFORE, defendant respectfully prays that the Order of Default against her be LIFTED
and that this Honorable Court resolve her Motion to Dismiss.
Quezon City; 8 April 2007.
(Sgd.) OBI WAN KENOBI
Counsel for Defendant
[Address]
PLUS:
1. [4] Request for and Notice of Hearing
2. [5] Proof of Service
22
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b]
which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause
grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount
to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising
from the writ should petitioner be found not to be entitled to the writ.)
5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary
course of law, except this petition.
6. A certified true copy (or duplicate original copy) of the Decision under review is attached as
ANNEX A.
[4] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act,
decision or finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction
and/or temporary restraining order issue to ENJOIN any further proceedings by respondents.
Quezon City; [1] 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates
Feliz Guerrero 8/12/07 2:40 PM
* Rule 65, section 6, par. 2 expressly makes Rule 56, section 2 applicable to petitions for certiorari,
mandamus and prohibition. Rule 56, section 2 provides that Rules 46, 48, 49, 51, 52 and 56 apply. Rule
46, section 3 provides that the petition must be accompanied not only by a certified true copy of
the judgment or order questioned but also by such material portions of the record as are
referred to therein, and other documents, relevant or pertinent thereto.
23
b. Prohibition
Feliz Guerrero 8/12/07 2:17 PM
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b]
which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause
grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an
amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered
arising from the writ should petitioner be found not to be entitled to the writ. )
5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary
course of law, except this petition.
6. A certified true copy (or duplicate original copy) of the Decision under review is attached as
ANNEX A.
[4] WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing
respondent/s to desist and refrain from further proceedings in the premises, and that after due notice
and hearing, a writ of prohibition issue directing respondent/s to desist absolute and perpetually from
further proceedings (in the said action or matter).
Quezon City; [1] 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates
Feliz Guerrero 8/12/07 2:40 PM
Comment [61]: To the standard
Verification and Certification Against
Forum Shopping, ADD the date when the
Decision or Judgment was received
pursuant to the requirements under the
Rules of Court. (See Form I-G)
24
c. Mandamus
Feliz Guerrero 8/12/07 3:12 PM
25
NALI LITO,
Plaintiff,
SCA No. ____________
- versus UMA AGAW and INA AGAWAN,
Defendants.
x --------------------------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________________ while
defendants reside at _______________ and _______________, respectively, where they may be served
with pertinent notices.
[2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing who its true
owner is. The watch is now in plaintiffs possession. On or about 5 June 1999, defendants made similar
representations to plaintiff as to ownership of the watch.
3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of
defendants and thus seeks to compel defendants to interplead and litigate their several claims between
themselves.
[3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing
defendants to interplead with one another to determine their respective rights and claims and to allow
plaintiff to recover his expenses for safekeeping and the costs of this suit, as first lien upon the subject
matter of this action.
Feliz Guerrero 8/12/07 2:17 PM
26
27
INA API,
Plaintiff,
- versus -
28
d. Quo Warranto
Feliz Guerrero 8/12/07 2:17 PM
29
III.
)
) s.s.
COMPLAINT-AFFIDAVIT
[1] I, MA SELAN, of legal age, Filipino, with assistance of counsel, and [2] resident of 4 Privet
Drive, Triple X Village, Makati, do hereby state under oath that:
1. I am a member of the Triple X Village Homeowners Association (Association) and was
formerly a Director and Corporate Secretary of the Association.
[3] 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X Village,
Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed
against me when he publicly, maliciously and deliberately uttered defamatory remarks against me during
the Board Meeting of the Association on 27 January 2007. This is attested to by the following exchange
that transpired between Mr. Ingay and the other members of the Board in attendance:
(Quote Exchange)
Attached as ANNEX A is a copy of the official transcript of the meeting.
3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did not retract
his remarks. Consequently, a Certification to File Action was issued by the Barangay Chairperson, a
copy of which is attached as ANNEX B.
4. There is no other person named Ma Selan residing at Triple X Village nor is there any other
person named Ma Selan who has acted as Board Member of the Association. Consequently, Mr. Ingays
public and defamatory utterance was clearly a reference to me and to no other.
5. Mr. Ma Ingays remarks, calling me a swindler twice over, uttered in a public meeting are
clearly insulting and defamatory as they malign me and attribute to me a criminal act, nature and
predisposition. There is, moreover, no doubt that Mr. Ingays use of the word swindled was deliberate
as his explanation and clarification a few utterances thereafter would show. Mr. Ingays remarks are also
very serious as they cast aspersions on my reputation, character and very person before my peers and
fellow homeowners.
6. Mr. Ingays remarks have injured my name, reputation and character before my neighbors
and peers. While my name, reputation and character are incapable of pecuniary estimation as these are
the result of a lifetimes effort to build a name, reputation and character that my children and their
children can be proud to bear, Mr. Ingay cannot be allowed to simply go scot-free without bearing the
consequences of his acts. For this reason, I am also holding Mr. Ma Ingay liable civilly for
defaming me in the amount of One Million Pesos (P1,000,000.00) in nominal damages, Five
Hundred Thousand Pesos (P500,000.00) in moral damages and Five Hundred Thousand
Pesos (P500,000.00) in exemplary damages.
TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on 13 April 2007.
[4] (Sgd.) MA SELAN
Complainant-Affiant
[5] SUBSCRIBED AND SWORN TO BEFORE ME this 13th day of April 2007.
(Sgd.) Investigating Prosecutor
[6] CERTIFICATION
Feliz Guerrero 8/12/07 2:18 PM
I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED
THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.
(Sgd.) Investigating Prosecutor
30
2. Counter-Affidavit
Feliz Guerrero 8/12/07 3:14 PM
)
COUNTER-AFFIDAVIT
Re: I.S. No. 1613
[1] I, MA LABO, of legal age, with assistance of counsel, do hereby state under oath that:
1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said post since
his election to the post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairs
and activities of his Office.
[2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for
estafa, filed by a certain MA GULANG on 19 January 2007 before the Office of the City Prosecutor for
Quezon City.
3. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel
phone units by a Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit,
which made the Mayor their Honorary Chairman with no direct functions; he has been supporting their
activities financially with voluntary contributions.
[3] 4. There is no truth to the allegations in MA GULANGs complaint. There is no factual nor
legal basis to charge me with estafa. The Complaint must be dismissed. To rebut and contradict MA
GULANGs malicious lies, I set forth the true circumstances leading to the transaction below:
4.1. Sometime last year, Ms. Gulang called the office of the Mayor, looking for
him; I informed her that he was not around. I took a message from her saying that she
was a friend of the Mayor and that she was selling Nextel units and if we wanted to buy
units from her. I informed her that both the Mayor and I had our units already; she then
told me if the Mayor could refer her to prospective clients. When the Mayor arrived, I
relayed the message to him.
4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he could
assist in securing Nextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and
Ms. Gulang were able to meet, as a result.
4.3. On that day, Ms. Gulang brought the units to the Mayors Office; she met
with Mr. Gantso inside the Mayors office. They transacted business inside the Mayors
Office and only passed by my office on their way out.
4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso
had not paid her the amount of P11,000.00 for the units. Somewhat embarrassed by
this, I called Mr. Gantso and told him to pay Ms. Gulang; he assured me that he would
pay her but that he just needed to collect money from the rest of the group.
4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso had not
yet paid, I gave her the telephone number of Gantso so that she could just call him
directly. But even then, I would still get calls from Ms. Gulang; and when she started to
get angry over the telephone, I set up an appointment for Mr. Gantso to meet with her
at the Office.
4.6. Thereafter, I would still receive phone calls telling me that Mr. Gantso had
yet to pay; I would follow up with Mr. Gantso but he simply gave me this promise that he
would pay.
5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all that I did
was to refer Ms. Gulang to Mr. Gantso; to a certain extent, I even exerted my best efforts to see that Ms.
Gulang was paid due simply to my great embarrassment at the prospect of being accused of referring a
person who does not know how to pay for an obligation.
6. For this reason, it is certainly incomprehensible that I should stand accused of estafa by Ms.
Gulang. I performed no act of deceit or fraud against her in ordering the units. I performed
NO ACT that even remotely resembles ANY of the acts punished under Article 315. If at all,
any cause of action is PURELY CIVIL in nature and that liability does not pertain to my personal account
in the absence of a showing that I benefited from the Nextel units (which Ms. Gulang does not even
allege and cannot prove); any civil liability should pertain to the Office of the Mayor, not to me.
31
7. Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude
that the crime of Estafa or that any crime at all has been committed. The Complaint against me should,
thus, be dismissed.
TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3 February 2007.
[4] (Sgd.) MA LABO
Affiant
PLUS:
1. [5] Verification
2. [6] Certification
32
- versus PI KUTIN,
Accused.
x ---------------------------------------- x
INFORMATION
ELLIOT NESS
Assistant City Prosecutor
I hereby certify that a preliminary investigation in this case was conducted by me in accordance
with law; that I examined the Complainant and her witnesses; that there is reasonable ground to believe
that the offense charged had been committed and that the accused is probably guilty thereof; that the
accused was informed of the Complaint and of the evidence submitted against him and was given the
opportunity to submit controverting evidence; and that the filing of this Information is with the prior
authority and approval of the City Prosecutor.
ELLIOT NESS
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this 9th day of August 2006 in Quezon City.
AL CAPONE
City Prosecutor
Bail Recommended: P10,000.00
33
b. Theft
Feliz Guerrero 8/12/07 3:16 PM
(Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
For: Theft
The Undersigned accuses KLEPTO MANIAC of the crime of Theft, committed as follows:
That on or about 3 July 2006, in the City of Quezon and within
the jurisdiction of this Honorable Court, the said accused, then 11 years
old and without any known address, willfully, unlawfully and feloniously,
with intent to gain, without force upon things or violence upon persons
and without the knowledge and consent of MA ALAHAS, the owner, took
a gold necklace studded with diamonds valued at One Hundred
Thousand Pesos (P100,000.00) to the prejudice of said owner.
CONTRARY TO LAW.
ELLIOT NESS
Assistant City Prosecutor
I hereby certify that the accused was lawfully arrested without a warrant and that, upon being
informed of his rights, refused to waive the provisions of Article 125 of the Revised Penal Code and, for
this reason, an Inquest was conducted; that based on the complaint and the evidence presented before
me without any countervailing evidence submitted by the accused, despite opportunity to do so, there is
reasonable ground to believe that the accused has committed the crime of theft and should, thus, be
held for said crime; that this Information was with the prior authority of the City Prosecutor.
ELLIOT NESS
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 2006 in Quezon City.
AL CAPONE
City Prosecutor
34
c. Attempted Rape
Feliz Guerrero 8/12/07 2:18 PM
(Caption)
35
d. Frustrated Murder
Feliz Guerrero 8/12/07 3:18 PM
(Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
For: Frustrated Murder
36
circumstances
of
Evident
C. Motions
1. Motion to Quash Information
Feliz Guerrero 8/12/07 2:18 PM
- versus -
KLEPTO MANIAC,
Accused.
x ------------------------------------------ x
MOTION TO QUASH
[2] THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of
theft on the following:
[3] GROUNDS
1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGAL
JUSTIFICATION;
2. THIS COURT IS WITHOUT JURISDICTION.
In support, the accused respectfully states that:
ARGUMENT
The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old and without
any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of
age and under fifteen, unless he acted with discernment, is exempt from criminal liability.
There is no allegation that the accused acted with discernment. Even granting said discernment,
the accused cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code,
which provides that a minor, unless sixteen years of age at the time of the commission of a grave or less
grave felony, cannot be tried but instead shall have the benefit of a suspension of all proceedings against
him. The duty of the court would be to commit the minor to the custody or care of a public or private
benevolent or charitable institution for the care and education of homeless and delinquent children or to
the custody of the Department of Social Work and Development.
[4] WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED
and that the accused be released immediately from detention.
[5] Quezon City; 7 July 2007.
[6] (Sgd.) MITCH MCDEERE
Counsel for the Accused
[Address]
PLUS:
1. [7] Request for and Notice of Hearing
2. [8] Proof of Service
37
[1] (Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -
VIG CHAN,
Accused.
x ---------------------------------------------- x
MOTION TO QUASH SEARCH WARRANT
The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1122 issued
by this Honorable Court on and dated 12 July 2006 based on the following considerations:
[2] 1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a search warrant
shall be valid for ten (10) days from its date and that thereafter, it shall be void.
2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July
2006, the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major
Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search
was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and
delivered to the court. Under the law, the Search Warrant is void and must, thus, be quashed.
[3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all
objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in
Article III, Section 3(2) in relation to section 2 of the 1987 Constitution.
[4] Quezon City; 25 July 2006.
[5] (Sgd.) MA TAPANG
Counsel for Accused
[Address]
PLUS:
1. [6] Request for and Notice of Hearing
2. [7] Proof of Service
38
[1] (Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -
VIG CHAN,
Accused.
x ---------------------------------------------- x
MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED
The ACCUSED, by counsel, respectfully moves for the suppression of objects seized on 23 July
2006, pursuant to Search Warrant No. 1122 issued by this Honorable Court dated 12 July 2006, based on
the following considerations:
[2] 1. Search Warrant No. 1122 was served on the 11th day and is, thus, void.
2. The motor vehicle seized does not fall within the property that may lawfully be seized.
Discussion
[1] Search Warrant No. 1122 was
served on the 11th day and is, thus,
void.
1. Rule 126, Sec. 10 of the Revised Rules of Court provides expressly that a search warrant shall
be valid for ten (10) days from its date and that thereafter, it shall be void.
2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July
2006, the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major
Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search
was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and
delivered to the court. Under the law, the Search Warrant is void.
3. No valid seizure may be made under a void warrant. For this reason, the following objects
must be suppressed:
[list items]
[2] The motor vehicle seized does
not fall within the property that
may lawfully be seized.
4. On the occasion of the search, the searching party also seized accuseds green Jaguar XJE
with license plate, No. 1", allegedly for being subject of the offense. Thereafter, it was impounded and
kept at the PNP Motor Pool.
5. The motor vehicle cannot be subject of the offense as accused is charged with libel. There is
no relation between the motor vehicle and libel.
6. Moreover, the motor vehicle is not mala prohibita that would justify a seizure thereof; neither
could there be a seizure of evidence in plain view.
[3] WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant
No. 1122 be declared INADMISSIBLE under the exclusionary rule in Article III, section 3(2) in relation to
Section 2 of the 1987 Constitution. Furthermore, it is prayed that the Green Jaguar XJE with license plate
No. 1" be immediately returned to the accused.
[4] Quezon City; 25 July 2006.
[5] (Sgd.) MA TAPANG
Counsel for Accused
[Address]
PLUS:
1. [6] Request for and Notice of Hearing
2. [7] Proof of Service
39
[1] (Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
For: Murder
Accused.
x ------------------------------------------ x
MOTION FOR BAIL
[2] THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that the [3]
prosecutions evidence of his guilt is not strong. In support, he respectfully submits the following:
1. The Information alleges that he raped the private complainant on 25 December 2005 at his
residence in Quezon City. The prosecutions own evidence, however, belies this allegation as: (a) the
medical certificate (attached as ANNEX A to the Information) states that private complainant is in a virgin
state with no physical and outward signs of trauma; (b) the medical certificate issued by the NBI doctor
(attached as ANNEX B to the Information) after a physical examination of the accused, two (2) days after
the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflicted for close
to five (5) years now and (c) the sworn statements of the private complainant conflict with and contradict
each other such that her credibility must be placed in doubt.
2. For these reasons, there is no basis to conclude that the accused raped the private
complainant as there is less than circumstantial evidence of this fact. He is, thus, entitled to bail as a
matter of right.
WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing, during
which the prosecution should be directed to present its evidence to show the strength of its evidence of
the accuseds guilt, and (2) thereafter, grant the accused reasonable bail.
Other just and equitable reliefs are also prayed for.
Quezon City; 7 July 2007.
(Sgd.) MITCH MCDEERE
Counsel for the Accused
[Address]
PLUS: Request for and Notice of Hearing
40
[1] (Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -
RECY DIVIST,
Accused.
x ---------------------------------------------- x
APPLICATION FOR PROBATION
THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions of
Presidential Decree No. 968, as amended.
In support of this application, the accused respectfully submits the following:
1. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting
Corporation located at Timog Avenue, Quezon City. On 23 February 2007, she pleaded guilty to the
offense charged herein; consequently, this Honorable Court in its Order dated 8 March 2007 sentenced
accused-applicant to an indeterminate penalty ranging from three (3) years to five (5) years of prision
correccional.
[2] 2. Accused-applicant humbly submits that she possesses all the qualifications and none of
the disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically:
2.1. She has not been convicted of any crime against national security or public
order;
2.2. She has not been previously convicted by final judgment of an offense
punishable by imprisonment of not less than one (1) month and one (1) day and/or a
fine of not less than Two Hundred Pesos (P200.00);
2.3. She has not previously applied for nor had been previously placed under
probation under Presidential Decree No. 968.
2.4. She has not started to serve her sentence and, to date, has not filed any
Notice of Appeal from the Order of conviction.
3 Finally, granting this application will not in any way depreciate the seriousness of the offense
charged nor cause any undue risk that during the period of probation, accused-applicant will commit
another crime. Moreover, accused-applicant does not need any correctional treatment requiring
commitment to an institution.
[3] WHEREFORE, accused-applicant respectfully prays that her application for probation be
GRANTED and that she be placed under probation under such terms and conditions necessary to attain
and ensure the objectives of the law and which, under the circumstances, are fair, just and reasonable in
the sound discretion of this Honorable Court.
Quezon City for Pasig City; 12 March 2007.
(Sgd.) ATTICUS FINCH
Counsel for Accused
[Address]
PLUS:
1. [4] Verification
2. [5] Request for and Notice of Hearing
41
IV.
THE PROSECUTION, by the undersigned public and private prosecutors, respectfully offer their
documentary exhibits in support of their case-in-chief:
1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his
signatureto prove that on the date and time stated in the affidavit, the accused issued a post-dated
check in the amount of One Million Pesos (P1,000,000.00) which, on presentment for payment, was
dishonored for lack of insufficient funds; to prove authorship and the authenticity of the sworn
statement; and as part of the testimony of the private complainant.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of
One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF; Exhibit
B-2, the signature of accused on face of the checkto prove the issuance of the check, the amount
stated, the reason for dishonor and the identity of the issuer. The marked copies of Exhibits A and B are
already part of the record.
WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be ADMITTED as
proof of the facts therein stated and in support of its case-in-chief and for all other relevant purposes.
Quezon City; 7 July 2007.
ELLIOT NESS
Public Prosecutor
ATTICUS FINCH
Private Prosecutor
Feliz Guerrero 8/12/07 2:19 PM
Copy furnished:
MITCH MCDEERE
Counsel for Accused
42
2. Comment/Opposition to Offer
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 000011
- versus RECY DIVIST,
Accused.
x ------------------------------------------ x
COMMENT ON THE PROSECUTIONS
FORMAL OFFER OF EVIDENCE
THE ACCUSED, by counsel, respectfully oppose the Prosecutions Offer of Evidence for the
following reasons:
1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his
signature are INADMISSIBLE because the private complainant was never presented to authenticate the
document or subjected to cross-examination, thus, the document is hearsay and inadmissible.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of
One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF; Exhibit
B-2, the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence
Rule as the original check was never presented; and no basis for the presentation of secondary evidence
laid.
ACCORDINGLY, the ACCUSED respectfully submits that the Prosecutions Exhibits are
INADMISSIBLE and must, thus, be EXCLUDED.
Feliz Guerrero 8/12/07 2:50 PM
43
THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this
Demurrer to the Prosecutions Evidence on the ground that the prosecution has failed to adduce sufficient
evidence of his guilt to overcome the presumption of innocence and shift the burden of proof:
1. Under the Constitution, the accused is presumed to be innocent until proven guilty. The effect
of this presumption is that it entitles the accused to not say anything in his defense and places the
burden directly on the prosecution to prove everything relative to his guilt. Thus, the prosecution must
rely on the strength of its evidence and not wait for the accused to offer any defense. It is only in the
event that the prosecution, after resting its case, has adduced sufficient evidence of guilt that the burden
of proof shifts to the accused.
2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the
burden of proof.
2.1. The accused is charged with violation of PD 1866; the gravamen of the
offense is unauthorized possession of a firearm. Concretely, this means that the
prosecution must prove that the accused had no legal authority to possess any firearm.
2.2. The prosecution has failed to show that the accused had no license to carry
a firearm. The proof of the negative element is indispensable to proof of a violation of PD
1866. Without proof of this negative element, the crime is not proven.
3. Absent proof of the negative element, i.e., absence of a license, the offense is not proven.
The accused is innocent; he must, thus, be acquitted.
WHEREFORE, the accused respectfully prays that the Information against him be DISMISSED and
that he be ACQUITTED of the crime charged.
Quezon City; 13 April 2007.
DARTH SIDIOUS
Counsel for the Accused
[Address]
PLUS: Request for and Notice of Hearing
Feliz Guerrero 8/13/07 10:20 AM
Comment [100]: -NOTE: A Demurrer is
essentially a Motion to Acquit. It is thus a
litigious motion and should be set for
hearing.
44
2. Civil cases
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 000909
- versus PADME AMIDALA,
Defendant.
x ---------------------------------- x
DEMURRER TO THE EVIDENCE
DEFENDANT, by counsel, with leave of court previously sought and granted, respectfully submits
this Demurrer to the Evidence because plaintiff has failed to prove entitlement to his claims by a
preponderance of evidence:
1. This action seeks to collect a sum of money arising from a contract.
2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the contract, (b) the
extent of the obligation under the contract, (c) the demandability of the obligation under the contract and
(d) defendants liability for the obligation and damages.
3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and
defendant is entitled to a dismissal of the Complaint against her.
WHEREFORE, defendant respectfully prays that the Complaint against her be DISMISSED.
Quezon City; 13 April 2007.
(Sgd.) OBI WAN KENOBI
Counsel for Defendant
[Address]
PLUS: Request for and Notice of Hearing
45
46
D. Appearance as Counsel
Feliz Guerrero 8/12/07 2:19 PM
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
For: Legal Separation
Please enter the appearance of the undersigned as counsel for defendant Padme Amidala, with
her express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to
the undersigned at the address given below.
RESPECTFULLY SUBMITTED.
Quezon City; 13 April 2007.
(Sgd.) OBI WAN KENOBI
No. 1, Imzadi Place
Tatooine, Pasig City
WITH MY CONFORMITY:
(Sgd.) PADME AMIDALA
Feliz Guerrero 8/12/07 2:19 PM
Comment [104]: This is frequently
overlooked but is actually the most
important part of the Entry of Appearance
as it indicates to the Court the authority
given and the source of such authority.
Copy furnished:
DARTH SIDIOUS
47
E. Withdrawal as Counsel
1. Withdrawal as Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
For: Legal Separation
Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN
SKYWALKER, with his express conformity as indicated below, in this case. Henceforth kindly address all
pertinent notices to plaintiff at his address given in the Complaint.
RESPECTFULLY SUBMITTED.
Quezon City; 7 July 2007.
(Sgd.) MACE WINDU
1 Imperial Palace, Cloud City, Pasig City
WITH MY CONFORMITY:
(Sgd.) ANAKIN SKYWALKER
2. Withdrawal as Counsel WITHOUT conformity of client
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
For: Legal Separation
Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN
SKYWALKER due to irreconcilable professional differences with plaintiff, for which reason the
express conformity of plaintiff cannot be obtained. Henceforth kindly address all pertinent notices
to plaintiff at his address given in the Complaint.
RESPECTFULLY SUBMITTED.
Quezon City; 7 July 2007.
(Sgd.) MACE WINDU
1 Imperial Palace, Cloud City, Pasig City
48
F. Substitution of Counsel
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
For: Legal Separation
THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala
in substitution of former counsel Darth Maul, as shown by her express conformity below. Henceforth,
kindly address all pertinent notices to the undersigned at the address given below.
RESPECTFULLY SUBMITTED.
Quezon City; 7 July 2007.
OBI WAN KENOBI
Counsel for Defendant
2 Corruscant Place
Tatooine Road, Pasig City
WITH MY CONFORMITY:
(Sgd.) PADME AMIDALA
G. Notice of Appeal
Feliz Guerrero 8/12/07 2:19 PM
49
V.
50
51
3. Petitioner and respondent were married on [date] and out of this marriage, they have [state
number of children, respective ages]. A copy of the Marriage Contract executed by petitioner and
respondent is attached as ANNEX A; a copy each of the birth certificates of the minor children is
attached as ANNEX B, C and D, respectively.
4. Petitioner and respondent are currently separated in fact and have been so since May 2001.
The reason for the continuing separation in fact is the breakdown of the marriage due to both petitioners
and respondents mutual psychological incapacity to fulfill and discharge their respective marital
obligations to each other, which existed at the time of the marriage in 1998 but manifested itself well into
the marriage
5. The mutual psychological incapacity of the parties to remain married to each other appears
to be incurable; prior to this resort, the parties had attempted formal and informal counseling sessions all
of which proved unproductive as respondent proved resistant and, at times, even hostile to these efforts.
52
Petitioner also prays that, after trial, judgment be rendered in her favor by declaring petitioner to
be psychologically incapacitated to comply with the essential obligations of her marriage to respondent,
thus -[1] Declaring the marriage between petitioner and respondent a nullity and, by this
token, ordering the dissolution of the conjugal partnership of gains; and
[2] Awarding permanent custody of the children to petitioner, with express
acknowledgement of respondents visitation rights;
[3] Awarding support in the amount of (state amount) subject to adjustments to be
made depending on changes in earning capacity and needs of the children.
All other just and equitable reliefs are also prayed for.
Quezon City; 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: Verification and Certification against Forum Shopping
53
54
VI.
55
C. Contract of Lease
Feliz Guerrero 8/12/07 2:20 PM
CONTRACT OF LEASE
ANG BAHAY
Lessee
With my consent:
ASA WA
Acknowledgment
BEFORE ME, a Notary Public for Makati City, personally appeared on the 7th of July 2007, the
following persons, with their respective CTC details indicated below:
DAMI BAHAY
ALANG BAHAY
known to me to be the same persons who executed the foregoing instrument, denominated as a Contract
of Lease consisting of __ pages, signed on each and every page by the parties and their instrumental
witnesses, having acknowledged the same before me as their own free and voluntary act and deed.
TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and place
mentioned above.
N.O. TARIO
Until December 31, 2007
PTR No. 0000111/1/05/99, Makati City
Doc. No.
Page No.
Book No.
Series of 2007.
56
D. Holographic Will
Feliz Guerrero 8/12/07 2:20 PM
I hereby execute this holographic will, in my handwriting and in the English language which I
know how to read and write, bequeathing my house and lot located at No. 555, Tuna Road, Marinara
Subdivision, Quezon City to my son, PABLING SIA JR., and cash amounting to Fifty Thousand Pesos
(P50,000) to my spouse, PALING KERA.
(Sgd.) PABLING SIA SR.
E. Notarial Will
Feliz Guerrero 8/12/07 2:20 PM
II.
III.
IN WITNESS WHEREOF, I have set my hand this 7th day of July 2007 in San Juan, Metro Manila.
(Sgd.) PABLING SIA, SR.
57
ATTESTATION CLAUSE
WE, the undersigned witnesses, whose residences are stated opposite our respective names, do
hereby certify that: the testator _________________ has published unto us the foregoing will consisting
of ___ pages numbered correlatively in letters on the upper part of each page, as his/her last will and
testament and has signed the same and every page thereof, on the left margin, in our joint presence and
we, in turn, at his/her request have witnessed and signed the same and every page thereof, on the left
margin, in the presence of the testator and in the presence of each other.
SAKSI 1
SAKSI 2
SAKSI 3
Residence
Residence
Residence
Feliz Guerrero 8/12/07 2:20 PM
JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and I the City of San Juan, Philippines, this 7th day of July, 2007,
personally appeared:
PABLING SIA, SR. (Testator), with Valid Identification Document _______ issued by
(official agency), on 6 July 2006;
SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official
agency), on 6 July 2006;
SAKSI 2 (Witness), with Valid Identification Document _______ issued by (official
agency), on 6 July 2006;
SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official
agency), on 6 July 2006;
all known to me to be the same persons who signed the foregoing Will, the first as testator and the last
three as instrumental witnesses, and they respectively acknowledged to me that they signed the same as
their own free act and deed.
This Will consists of ___ pages, including the page in which this acknowledgment is written, and
has been signed on the left margin of each and every page thereof by the testator and his witnesses and
has been sealed with my Notarial seal.
IN WITNESS WHEREOF, I have set my hand the day, year and place written.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007.
58
59
I.
I, GEORDI LA FORGE, (Nominee), of legal age, and with office address at __________, hereby
acknowledge my status as nominee for WILLIAM RIKER (the Principal) for the purpose of holding title
to ___ shares of stock in the Enterprise Holdings Inc. (the Corporation). As nominee, I hereby
unequivocally confirm that the Principal is the exclusive and absolute owner of the subject shares.
Accordingly, the relationship between the principal and the nominee with respect to the subject shares is
governed by the following terms and conditions:
1. All dividends, whether cash, stock or property, rights and other privileges, accruing
on the subject share shall be for the account and benefit of the principal; accordingly,
the nominee shall deliver the same to the principal and whoever the latter may
designate.
2. Directors fees and other amounts received by way of compensation for services
rendered by the nominee shall be for the account and benefit of the nominee.
3. The principal shall save the nominee free and harmless from any liability, whether for
unpaid subscriptions, taxes or otherwise, that may arise as a result of the nominees
holding title to the subject shares for and on behalf of the principal.
4. The nominee hereby assigns, transfers, and conveys the subject shares to the
principal free from all liens and encumbrances and hereby undertakes to execute the
necessary instruments to transfer title over the subject shares to the principal or to
whoever the latter may designate.
5. This acknowledgment of nominee status shall bind the nominees heirs, executors,
administrators and other successors-in-interest.
Done this 7th day of July 2007 at Quezon City.
GEORDI LA FORGE
Nominee
WITH MY CONFORMITY:
WILLIAM RIKER
Principal
WITNESSES:
(Sgd.) UZI 1
(Sgd.) UZI 2
PLUS: Acknowledgment
60
J.
Secretarys Certificate
SECRETARYS CERTIFICATE
I, DEANNA TROI, of legal age, with office address at __________________, on the basis of the
corporate records, do hereby certify that under oath that:
1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (corporation), a corporation
duly organized and existing under Philippine laws, with the same office address given above.
2. At a meeting of the Board of Directors of the corporation held on ___________, at which
meeting a quorum was present and obtained throughout, the following resolution(s) was (were)
unanimously approved and adopted:
RESOLVED, that ...................
3. The foregoing resolution has not been revoked, amended or in any manner modified and
accordingly, the same may be relied upon until a written notice to the contrary is issued by the
corporation.
IN WITNESS WHEREOF, I have set my hand to this certification on ____ at ______________.
DEANNA TROI
Corporate Secretary
ATTESTED:
JEAN-LUC PICARD
President
PLUS: Jurat
K. Board Resolutions
1. Authority to Act
Board Resolution No. ___
RESOLVED, that Mr. Jean-Luc Picard, as Chairperson and Chief Executive Officer
of Enterprise Holdings be authorized, as he is hereby authorized, to enter into any and
all transactions with the representatives of the Ferengi Trade Federation, as may prove
to be beneficial to the corporation in his own opinion and determination.
Approved and adopted this 7th day of July, 2007 at Makati City, Philippines.
(Name of Directors)
2. Increase in number of directors and necessary amendment to the Articles of
Incorporation
Feliz Guerrero 8/12/07 2:20 PM
61
L. Deed of Assignment
DEED OF ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS:
I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in
consideration of the sum of ____________________ Pesos (P_____), receipt of which is hereby
acknowledged do hereby assign, cede, transfer and convey unto DAMI LUPA, likewise of legal age, and
resident of ______________, all his/her rights, title, ownership and interest over its subscription to One
Hundred Thousand (100,000) shares of the capital stock of _________ Corporation, including advances
due from said corporation. It is, however, understood that the assignee shall assume any and all unpaid
subscription on the said shares.
The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her true and
lawful attorney-in-fact to make representations with the corporate secretary and to cause the annotation
of this assignment in the books of the corporation.
IN WITNESS WHEREOF, the assignor has signed this deed on 7th day of July, 2007 at the City of
Manila.
DAMI SHARES
Assignor
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
62
)
) s.s.
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If
vendor is married, then add the following:]
With my consent:
ASA WA
Vendors Wife
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
63
)
) s.s.
DEED OF ABSOLUTE SALE
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If
vendor is married, then add the following:]
With my consent:
ASA WA
Vendors Wife
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
64
)
) s.s.
DEED OF SALE WITH PACTO DE RETRO
This Deed of Sale with Pacto de Retro made and executed by and between:
MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at
___________________ (VENDOR),
- and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence
at ____________ (VENDEE);
WITNESSETH: That
The VENDOR is the absolute owner of a certain parcel of land with all the buildings and
improvements thereon, situated in the City of Makati, and more particularly described, as follows:
(Copy technical description in TCT/OCT)
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of
Deeds of Makati;
The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to
him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY
under pacto de retro unto the said VENDEE, his heirs and assigns, the property with all the buildings and
improvements thereon, free from all liens and encumbrances whatsoever;
The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the
VENDEE, in accepting the same, hereby obligates himself to RESELL the property herein conveyed within
a period of ____ years from date of this deed for the same price of ______________ (P____); Provided,
however, that if the VENDOR shall fail to exercise his right to repurchase as herein granted within the
period provided, then this conveyance shall become absolute and irrevocable, without need of a new
Deed of Absolute Sale, subject to the requirements of law regarding consolidation of ownership of real
property.
IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City.
MA YA MAN
Vendor
MA GU LANG
Vendee
65
)
) s.s.
DEED OF RESALE
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If
vendor is married, then add the following:]
With my consent:
BA TAPA
Vendors Wife
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
66
)
) s.s.
DEED OF SALE WITH MORTGAGE
This Deed of Sale with Pacto de Retro made and executed by and between:
MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at
___________________ (VENDOR-MORTGAGEE),
- and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence
at ____________ (VENDEE-MORTGAGOR);
WITNESSETH: That
The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings
and improvements thereon, situated in the City of Makati, and more particularly described, as follows:
(Copy technical description in TCT/OCT)
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of
Deeds of Makati;
The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to
him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY
unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements
thereon, free from all liens and encumbrances whatsoever;
It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____),
of which amount _________________Pesos (P_____) shall be paid by the VENDEE-MORTGAGOR to the
VENDOR-MORTGAGEE at the latters residence, as follows:
(State manner of payment)
In order to guarantee the fulfillment of the above obligations, the VENDEE-MORTGAGOR does
hereby MORTGAGE unto the said VENDOR-MORTGAGEE, his heirs and assigns, the property described,
together with all the buildings and improvements thereon, under the express stipulation that if the said
VENDEE-MORTGAGOR shall pay or cause to be paid unto the VENDOR-MORTGAGEE the obligations, then
this Mortgage shall be of no further force and effect; otherwise, the same shall remain in full force and
effect and shall be enforceable in the manner prescribed by law.
IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City.
MA YA MAN
Vendor
MA GU LANG
Vendee
With my consent:
ASA WA
Vendors Wife
With my consent:
BA TAPA
Vendees Wife
67
DAMI LUPA
Assignee
With my marital consent:
ALANG MALAY
Assignors Wife
BIL MOKO
Assignees Wife
PLUS: Acknowledgment
68
S. Chattel Mortgage
Feliz Guerrero 8/12/07 2:21 PM
)
) s.s.
CHATTEL MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in consideration of the
loan of FIVE HUNDRED THOUSAND PESOS (P500,000.00), granted to me by YAMAN NYA, also of legal
age, married and resident of Makati, to be paid one (1) year from date hereof, have transferred and
conveyed by way of chattel mortgage unto said YAMAN NYA, his heirs, successors and assigns, free from
all liens and encumbrances that certain motor vehicle, at present in my possession at my address, more
particularly described as:
Model/Make No./Color
Chassis No.
Engine No.
of which I am the true and absolute owner by title thereto, being evidenced by Registration Certificate of
Motor Vehicle No. ______ issued in my name by the Land Transportation Office on
__________________.
This chattel mortgage has been executed in order to secure the full and faithful payment of my
obligation to YAMAN NYA in accordance with the terms and conditions of this instrument; Upon payment,
this contract shall become null and void; otherwise, it shall continue in full force and effect and may be
foreclosed in accordance with law.
IN WITNESS WHEREOF, I have signed this instrument on 7 July 2007 at Makati City.
DAMI KOTSE
Affidavit of Good Faith
Feliz Guerrero 8/12/07 2:21 PM
We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have executed
the foregoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned
above and is not intended to defraud creditors.
YAMAN NYA
DAMI KOTSE
Signed in the presence of:
UZI 1
UZI 2
PLUS: Acknowledgment
69
VII.
70
71